Ex parte CARTER - Page 6




          Appeal No. 1997-2674                                                        
          Application No. 08/266,809                                                  


          reagent through the nozzle into the gas; and when the                       
          temperature of the gas is sensed to be outside the selected                 
          range, activating the conduit to withdraw the nozzle from the               
          gas and out of the opening, and deactivating the conduit so                 
          that no reagent is supplied through the conduit to the nozzle”              
          (emphasis added).                                                           
               Recognizing the differences between the applied prior art              
          and the subject matter of the appealed claims (answer, pages 5              
          and 6), the examiner alleges as follows:                                    
               One skilled in the art knowing that Burton                             
               emphasizes adding nitrogen oxide inhibiting liquid                     
               reagent (28) only when conditions are proper for                       
               pollutant reduction (i.e., temperature of boiler gas                   
               (60) above about 1,300EF) and known [sic, knowing]                     
               that Burton at least provides a means to measure the                   
               temperature of boiler gas (60) during operation                        
               (i.e., the thermocouples), would have been motivated                   
               to monitor the temperature of boiler gas (60) and                      
               activate supply conduit (24) to add or stop the                        
               addition of nitrogen oxide inhibiting liquid reagent                   
               (28) in response to the monitored temperature where                    
               the addition occurs if the temperature of boiler gas                   
               (60) is above about 1,300EF and where no addition                      
               occurs when the temperature of boiler gas (60) is                      
               outside of this temperature range.  [Answer, pp. 5-                    
               6.]                                                                    
          Further, the examiner states:                                               
                    With respect to moving supply conduit (24) out                    
               of boiler gas (60) and out of opening (31) when                        

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